Coroners and Justice Act 2009

Section 169

Schedule 19 Exploitation proceeds investigations

1 Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.

2 In section 341 (investigations), after subsection (4) add—

“(5) For the purposes of this Part an exploitation proceeds investigation is an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) into—

(a) whether a person is a qualifying offender,

(b) whether a person has obtained exploitation proceeds from a relevant offence,

(c) the value of any benefits derived by a person from a relevant offence, or

(d) the available amount in respect of a person.

Paragraphs (a) to (d) are to be construed in accordance with that Part of that Act.”

3 In section 342 (offences of prejudicing investigation)—

(a) in subsection (1), after “detained cash investigation” insert “, an exploitation proceeds investigation”, and

(b) after subsection (3)(ba) insert—

“(bb) the disclosure is made in the exercise of a function under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) or in compliance with a requirement imposed under or by virtue of that Act,”.

4 In section 343(3) (judges) after “civil recovery investigation” insert “or an exploitation proceeds investigation”.

5 In section 344(b) (courts) after “civil recovery investigation” insert “or an exploitation proceeds investigation”.

6 In section 345(2) (production orders), in paragraph (a) after “confiscation investigation” insert “, an exploitation proceeds investigation”.

7 In section 346 (requirements for making of production order)—

(a) after subsection (2)(c) add—

“(d) in the case of an exploitation proceeds investigation, the person the application for the order specifies as being subject to the investigation is within subsection (2A).”, and

(b) after subsection (2) insert—

“(2A) A person is within this subsection if, for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc), exploitation proceeds have been obtained by the person from a relevant offence by reason of any benefit derived by the person.

This subsection is to be construed in accordance with that Part.”

8 In section 350(5) (government departments), in paragraph (b) after “civil recovery investigation” insert “or an exploitation proceeds investigation”.

9 In section 351(8) (supplementary) after “civil recovery investigation” insert “or an exploitation proceeds investigation”.

10 In section 352 (search and seizure warrants)—

(a) in subsection (2)(a), after “confiscation investigation” insert “, an exploitation proceeds investigation”, and

(b) after subsection (5)(c) add—

“(d) a member of SOCA’s staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.”

11 In section 353 (requirements where production order not available)—

(a) after subsection (2)(c) insert—

“(d) in the case of an exploitation proceeds investigation, the person specified in the application for the warrant is within section 346(2A).”,

(b) in subsection (5)(a), for “or (8)” substitute “, (8) or (8A)”,

(c) after subsection (8) insert—

“(8A) In the case of an exploitation proceeds investigation, material falls within this subsection if it cannot be identified at the time of the application but it—

(a) relates to the person specified in the application, the question whether exploitation proceeds have been obtained from a relevant offence in relation to that person, any question as to the extent or whereabouts of any benefit as a result of which exploitation proceeds are obtained or any question about the person’s available amount, and

(b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

This subsection is to be construed in accordance with Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).”, and”

(d) after subsection (10)(c) add—

“(d) a member of SOCA’s staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.”

12 In section 356 (further provision: civil recovery), in subsection (1) after “civil recovery investigations” insert “or exploitation proceeds investigations”.

13 In section 357 (disclosure orders)—

(a) after subsection (3)(b) add “, or

(c) a person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation.”, and

(b) after subsection (7)(b) add “; and

(c) in relation to an exploitation proceeds investigation, a member of SOCA’s staff.”

14 In section 358(2) (requirements for making of disclosure order) after paragraph (b) add—

“(c) in the case of an exploitation proceeds investigation, the person specified in the application for the order is a person within section 346(2A).”

15 In section 362(5) (supplementary) after “investigation” add “or an exploitation proceeds investigation”.

16 In section 363(2) (customer information orders), in paragraph (a) after “investigation”, in first place it occurs, insert “, an exploitation proceeds investigation”.

17 In section 370(2) (account monitoring orders), in paragraph (a) after “confiscation investigation” insert “, an exploitation proceeds investigation”.

18 After section 378(6) (officers) insert—

“(6A) In relation to an exploitation proceeds investigation, a member of SOCA’s staff is an appropriate officer.”